{"id":"F2005L04010","name":"Safety, Rehabilitation and Compensation (Definition of Employee) Notice 2005 (3)","slug":"safety-rehabilitation-and-compensation-definition-of-employee-notice-2005-3","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":39943,"registerId":"commonwealth-F2005L04010-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Safety, Rehabilitation and Compensation (Definition of Employee) Notice 2005 (3)","content":"![](image.001.png)\n\nSafety, Rehabilitation and Compensation (Definition of Employee) Notice 2005 (3)\n\nNotice No. 3 of 2005.\n\nI, KEVIN JAMES ANDREWS, Minister for Employment and Workplace Relations, make this Notice under subsection 5(6) of the Safety, Rehabilitation and Compensation Act 1988.\n\nDated 2nd December 2005\n\nKEVIN ANDREWS\n\nMinister for Employment and Workplace Relations\n\n1 Name of Notice\n\nThis Notice is the Safety, Rehabilitation and Compensation (Definition of Employee) Notice 2005 (No 3).\n\n2 Commencement\n\nThis Notice commences upon Registration on the Federal Register of Legislative Instruments (FRLI).\n\n3 Declaration\n\nFor subsection 5(6) of the Safety, Rehabilitation and Compensation Act 1988, I declare that:\n\n(a) the class of persons specified in Column 2 of the Schedule, being persons who engage in the activities or perform acts specified in Column 3 of the Schedule, at the request or direction, for the benefit, or under a requirement made by or under a law, of the Commonwealth, shall be taken to be employed by the Commonwealth, and\n\n(b) the employment of such persons shall, for those purposes, be taken to be constituted by the performance by such persons of the acts or activities referred to in the Schedule.\n\n  \n\nSchedule Definition of Employee\n\n| Item | Class of Persons                                                                                                                                                                                                                                                                                                                                | Acts or Activities                             |\n| ---- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ---------------------------------------------- |\n| 1    | Persons who, under the control or direction of a Commonwealth officer, or the Director of National Parks, assist in the running of the Department of the Environment and Heritage (excluding the Bureau of Meteorology) or assist the Director of National Parks, without receiving any remuneration (other than payment of expenses incurred). | Acts performed in the rendering of assistance. |","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument does not amend the primary Act; it uses subsection 5(6) to declare a specific class of persons to be employees for the Act’s purposes (see Declaration and Schedule Item 1). It confines the Act’s application to that listed group and does not change the Act’s general definitions or extend coverage beyond the Schedule."},"complexity_factors":["Very narrow, single-class coverage limited to volunteers assisting one Department (Schedule Item 1) — lowers doctrinal complexity.","Operates by statutory declaration under subsection 5(6) of the Safety, Rehabilitation and Compensation Act 1988, so effect depends on cross‑reference rather than amendment — modest legal technicality.","Key terms are open to factual interpretation: “assist in the running”, “under the control or direction”, and “payment of expenses incurred” create administrative and evidentiary ambiguity.","Exclusion of the Bureau of Meteorology and specification of the Director of National Parks create tailored boundaries that require agency-level identification and recordkeeping."],"plain_english_summary":"This Notice declares that a narrow class of unpaid helpers — people who, under the control or direction of a Commonwealth officer or the Director of National Parks, assist in running the Department of the Environment and Heritage (excluding the Bureau of Meteorology) — are to be treated as employees of the Commonwealth for the purposes of the Safety, Rehabilitation and Compensation Act 1988 (see subsection 5(6) and the Schedule). This makes the Commonwealth the responsible employer for claims and obligations under that Act and shifts the cost and administrative duties of workers’ compensation and rehabilitation onto the Commonwealth for those specific volunteers."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This notice performs exactly the function intended by subsection 5(6) of the Safety, Rehabilitation and Compensation Act 1988: it declares specific classes of non-employees to be treated as employees for the Act's purposes. The scope remains tightly confined to the specific volunteer arrangement described in the Schedule, with no evidence of scope creep beyond the original statutory purpose."},"complexity_factors":["Very short instrument — only 3 operative clauses plus a schedule table","Single defined class of persons in the Schedule (unpaid volunteers in one specific department)","No nested exceptions or conditional logic beyond the three qualifying criteria in Item 1","Only one cross-reference (to subsection 5(6) of the parent Act)","Straightforward declaratory structure — 'shall be taken to be employed'"],"plain_english_summary":"This 2005 ministerial notice extends coverage under the Safety, Rehabilitation and Compensation Act 1988 to certain unpaid volunteers who assist the Department of the Environment and Heritage (excluding the Bureau of Meteorology) or the Director of National Parks while working under Commonwealth direction. It applies only to volunteers not paid wages (only expense reimbursement) and ensures they can claim workers’ compensation and rehabilitation benefits if injured while volunteering."}},"importantCases":[],"_links":{"self":"/api/acts/safety-rehabilitation-and-compensation-definition-of-employee-notice-2005-3","history":"/api/acts/safety-rehabilitation-and-compensation-definition-of-employee-notice-2005-3/history","analysis":"/api/acts/safety-rehabilitation-and-compensation-definition-of-employee-notice-2005-3/analysis","conflicts":"/api/acts/safety-rehabilitation-and-compensation-definition-of-employee-notice-2005-3/conflicts","importantCases":"/api/acts/safety-rehabilitation-and-compensation-definition-of-employee-notice-2005-3/important-cases","documents":"/api/acts/safety-rehabilitation-and-compensation-definition-of-employee-notice-2005-3/documents"}}